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2023 Supreme(SC) 371

SANJIV KHANNA, M. M. SUNDRESH
State of Rajasthan – Appellant
Versus
Asharam @ Ashumal – Respondent


Advocates appeared:
For the Petitioner(s): Dr. Manish Singhvi, Sr. Adv. Mr. Sandeep Kumar Jha, AOR Mr. Ashok Basoya, Adv. Mr. Arpit Prakash, Adv.
For the Respondent(s): Mr. Anish R. Shah, AOR

JUDGMENT :

Sanjiv Khanna, J.

Leave granted.

2. The present appeal preferred by the State of Rajasthan takes exception to the judgment dated 10.02.2022 passed by the High Court of Rajasthan at Jodhpur, 1[For short, ‘the High Court’.] allowing the application2[D.B. Criminal Misc. Application No. 1 of 2021 in D.B. Criminal Appeal No. 123 of 2018.] filed by the respondent – Asharam @ Ashumal under Section 391 of the Code of Criminal Procedure, 1973,3[For short, ‘Cr.P.C.’,] and directing summoning and recording of evidence of Ajay Pal Lamba, who was posted as Deputy Commissioner of Police (West), Jodhpur, Rajasthan in August 2013 and has written a book “Gunning For The Godman: The True Story Behind Asaram Bapu’s Conviction”, 4[For short ‘the Book’.]

3. The respondent – Asharam @ Ashumal was charge-sheeted on 06.11.2013, and after a trial lasting almost five years, vide judgment dated 25.04.2018 passed by the Magistrate, Special Court, Protection of Children from Sexual Offences Act, 2012,5[For short, ‘POCSO Act’], Jodhpur, Rajasthan, he has been convicted for the offences under Sections 370(4), 342, 354-A, 376(2)(f), 376-D, 506, 509/34 and 120-B of the Indian Penal Code, 1860, Sections 23 a


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